Products liability – Preemption – Insulin pump

Where plaintiffs — alleging that the defendant’s insulin pump was defective and that its malfunction resulted in a hypoglycemic reaction, leading to significant physical injuries — have brought a diversity action alleging negligence, breach of implied warranty of merchantability, implied warranty of fitness for a particular purpose, unfair and deceptive acts or practices in violation of Mass. Gen. Laws ch. 93A and loss of consortium, summary judgment should be awarded to the defendant on the ground that the plaintiffs’ claims are preempted by the Medical Device Amendments to the federal Food, Drug and Cosmetic Act.